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A BILL TO BE ENTITLED
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AN ACT
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relating to the act of smoking tobacco in a vehicle with a child |
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present; imposing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter N, Chapter 161, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER N. E-CIGARETTE AND TOBACCO USE BY OR NEAR MINORS |
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SECTION 2. Subchapter N, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.258 to read as follows: |
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Sec. 161.258. SMOKING TOBACCO IN PASSENGER VEHICLE WITH |
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CHILD PRESENT; CIVIL PENALTY. (a) A person is liable for a civil |
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penalty if: |
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(1) the person possesses a burning tobacco product or |
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smokes tobacco in a vehicle; and |
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(2) a child is present in the vehicle who is required |
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to be secured in a child passenger safety seat system during the |
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operation of the vehicle under Section 545.412, Transportation |
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Code. |
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(b) A civil penalty imposed under Subsection (a) may not |
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exceed: |
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(1) $15 for the first violation; or |
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(2) $150 for the second or subsequent violation. |
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(c) The attorney general or an appropriate prosecuting |
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attorney may sue to collect a civil penalty under this section. |
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(d) If a person who is subject to a civil penalty under this |
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section completes a parenting class approved by the judge, the |
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judge may reduce the amount of the civil penalty otherwise imposed |
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by this section. |
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(e) A peace officer may not stop or detain a person who is |
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the operator or an occupant of a passenger vehicle for the sole |
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purpose of determining whether the person might be liable for a |
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civil penalty under this section. |
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SECTION 3. This Act takes effect September 1, 2019. |